Jurnal Online Universitas Pekalongan
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CERTAINTY OF LEGAL PROTECTION FOR VICTIMS OF SEXUAL HARASSMENT AGAINST INDONESIAN MIGRANT WORKERS REVIEWED FROM ILO CONVENTION NO. 190 OF 2019 ON VIOLENCE AND HARASSMENT IN THE WORKPLACE
Get PDFIndonesia is one of the countries that sends many migrant workers abroad, migrant workers who in Indonesia are also called TKI (Tenaga Kerja Indonesia). The problems experienced by Indonesian migrant workers abroad are a form of human rights violations that are a form of modern slavery. Slavery is often associated with human trafficking, because it leads to physical or sexual exploitation for the benefit of an individual or group. In the case of Kartika Puspitasari, an Indonesian migrant worker who was beaten and burned by her former employer in Hong Kong finally managed to get compensation of more than $ 110,000 or equivalent to Rp1.66 billion. The torture that befell the 40-year-old migrant worker made headlines a decade ago. The case sparked calls from related parties to provide better protection for migrant workers . Kartika’s employer was sentenced and imprisoned in 2013. By reviewing the role of the Indonesian government in the case experienced by Kartika Puspitasari, we can see that the government has an important responsibility to protect the rights of Indonesian migrant workers who are victims of sexual harassment in the workplace, in accordance with the provisions contained in ILO Convention No. 190/2019
Interpretation of Minimum Age Limit for Regional Head and Vice Regional Head Candidates: Supreme Court Decision Number 23P/HUM/2024 Vs. Constitutional Court Decision Number 70/PUU-XXII/2024
Get PDFRegarding the provisions on the minimum age limit for candidates for regional heads and deputy heads, has been regulated in Law Number 10 of 2016 concerning Elections. In the latest development, there are decisions of the Supreme Court and the Constitutional Court which further interpret this minimum age limit. The House of Representatives wanted to revise the Regional Election Law, and the revision plan carried out by the House of Representatives intended to use the SC’s decision as a reference in determining the minimum age limit for candidates for regional heads and deputy heads. The plan has caused controversy because the CC’s decision should have been used as a reference. This article uses a normative legal writing method with a statutory approach, as well as a case approach based on the SC’s decision Number 23P/HUM/2024 and the CC’s decision Number 70/PUU-XXII/2024. This article aims to analyze the interpretation of the minimum age limit based on the decisions of the two institutions, examine the legal force of the two decisions and the implications of the exclusion of the CC’s Decision on democracy and the constitution. This paper finds that legal products tested by the CC have a higher position in the hierarchy of legislation, and the CC\u27s decision is final and binding, so in interpreting the minimum age limit for regional head and deputy regional head candidates, must refer to the CC\u27s decision. If the House of Representatives ignores the CC\u27s decision, it can have a negative impact on the constitution and democracy
Legal Review Of Fixed-Term Employment Agreements: Justice For Foreign Workers In Indonesia
Get PDFTThis study critically examines the legal framework governing Specific Time Work Agreements (Perjanjian Kerja Waktu Tertentu/PKWT) and the protection mechanisms afforded to foreign workers (Tenaga Kerja Asing/TKA) in Indonesia. As foreign direct investment continues to expand, particularly in strategic sectors such as construction, infrastructure, and information technology, the deployment of TKA has become increasingly prominent. However, the implementation of PKWT for foreign workers raises significant legal and human rights concerns, including ambiguity in contractual terms, unequal treatment, and insufficient safeguards for basic labor rights. Utilizing a normative juridical approach, this research analyzes existing statutes, legal doctrines, and regulatory practices to evaluate the extent of legal protections for TKA under PKWT arrangements. The findings reveal gaps between regulatory intent and implementation, underscoring the need for stronger institutional oversight, improved regulatory clarity, and enhanced legal literacy among both employers and foreign workers. The study concludes by emphasizing the importance of coordinated efforts between government authorities, private sector stakeholders, and legal institutions to establish a more equitable, transparent, and sustainable labor environment for foreign workers in Indonesia
The Evolution of Money Laundering Enforcement in the Cryptocurrency Age
Get PDFThis research examines the regulations and law enforcement efforts concerning the use of cryptocurrency as a money laundering tool in both Indonesia and the United States. Using normative legal research methods and a comparative approach, the study compares the legal frameworks of the two countries. In the United States, agencies such as FinCEN, IRS, and SEC play a critical role in enforcing laws against the use of cryptocurrencies for money laundering, with comprehensive laws and sophisticated enforcement mechanisms. Meanwhile, Indonesia relies on BAPPEBTI to oversee and regulate cryptocurrency activities. Although Indonesia’s legal framework may not be as extensive as the United States\u27, the country has taken significant steps, such as adopting the "Travel Rule" to monitor cryptocurrency transactions. However, both countries face a common challenge: the anonymity offered by cryptocurrencies, which complicates investigations into money laundering. To address this challenge, both countries require more detailed regulations and enhanced international cooperation to effectively combat the misuse of cryptocurrencies for money laundering. The research suggests that strengthening legal measures and improving global collaboration are essential to mitigate the risks associated with cryptocurrency-based financial crimes
Measuring the Justice of Children\u27s Inheritance Rights in Polygamy: A Comparison between Legal and Siri Marriages from the Perspective of Islamic Law
No full textThe phenomenon of polygamy in Indonesia is still part of the complex socio-religious reality, mainly when polygamy is carried out without official registration, or known as nikah siri. In practice, the unrecorded marriage has a profound impact on the legal protection of children, particularly in terms of inheritance rights. Children born from serial marriages often do not receive legal recognition, so their position as heirs becomes weak or is not recognized at all. This study aims to measure the justice of children\u27s inheritance rights in the context of polygamy through a comparison between children from formal and serial marriages in the perspective of Islamic law. With a normative qualitative approach, this study employs an in-depth literature review method, drawing on Islamic legal sources (the Qur\u27an, hadith, and fiqh books), national laws and regulations (Law No. 1 of 1974, Compilation of Islamic Law), as well as jurisprudence documents and other relevant scientific literature. The results of the study show that in Islamic fiqh, the principle of justice entitles all children from a valid marriage, whether recorded or not, according to shari\u27a, to inheritance as long as their fate is clear.However, in Indonesian national law, marriage registration is a mandatory administrative requirement to recognize the validity of the legal relationship between spouses, including in terms of inheritance. Children from a nikah siri do not automatically obtain inheritance rights unless the isbat nikah is determined and the determination of nasab is carried out through the court. This inequality highlights the disparity between the principles of Islamic law and the positivism of national law. This study recommends updating the regulations and approach of maqāṣid al-syarī\u27ah in family law policy to ensure justice and nondiscrimination of children\u27s rights in all forms of marriage.The phenomenon of polygamy in Indonesia is still part of the complex socio-religious reality, mainly when polygamy is carried out without official registration, or known as nikah siri. In practice, the unrecorded marriage has a profound impact on the legal protection of children, particularly in terms of inheritance rights. Children born from serial marriages often do not receive legal recognition, so their position as heirs becomes weak or is not recognized at all. This study aims to measure the justice of children\u27s inheritance rights in the context of polygamy through a comparison between children from formal and serial marriages in the perspective of Islamic law. With a normative qualitative approach, this study employs an in-depth literature review method, drawing on Islamic legal sources (the Qur\u27an, hadith, and fiqh books), national laws and regulations (Law No. 1 of 1974, Compilation of Islamic Law), as well as jurisprudence documents and other relevant scientific literature. The results of the study show that in Islamic fiqh, the principle of justice entitles all children from a valid marriage, whether recorded or not, according to shari\u27a, to inheritance as long as their fate is clear. However, in Indonesian national law, marriage registration is a mandatory administrative requirement to recognize the validity of the legal relationship between spouses, including in terms of inheritance. Children from a nikah siri do not automatically obtain inheritance rights unless the isbat nikah is determined and the determination of nasab is carried out through the court. This inequality highlights the disparity between the principles of Islamic law and the positivism of national law. This study recommends updating the regulations and approach of maqāṣid al-syarī\u27ah in family law policy to ensure justice and non-discrimination of children\u27s rights in all forms of marriage
Independence of Mediation Institutions as an Alternative to Settlement Divorce Disputes in Indonesia
Get PDFThis study examines divorce dispute mediation that is currently integrated into the court process according to Supreme Court Regulation (PERMA) No. 1 of 2016, with the aim of reformulating mediation into an independent institution separate from litigation to be more effective and aligned with Pancasila values, as well as providing regulatory recommendations and institutional support to the Government. The method used is a qualitative study with a normative analysis approach toward regulations and practices of divorce mediation in religious courts. The research results show that mediation regulated in PERMA has deviated significantly from the spirit of mediation, namely as an alternative dispute resolution. The mediation that has been implemented so far accommodates the provisions of Article 131 HIR and Article 154 R.Bg, namely the empowerment of peace institutions. However, the way this mediation is carried out does not align with the core principles of Indonesia, which include Pancasila emphasizing open discussion to achieve agreement. It is believed that the mediation process outlined in PERMA No. 1 of 2016 is more akin to a legal procedure that parties involved in divorce cases are required to follow in order to resolve their disputes. The implication of this research is the need for legal reformulation of divorce mediation that separates mediation from court litigation processes, by establishing an independent mediation institution supported by the government. This is expected to optimize the function of mediation as a dispute resolution method that is more effective, efficient, and in accordance with Pancasila values
Implementation of Community Protection of Gurabunga Customary Law: An Empirical Analysis of Customary Law Practices and Their Recognition by the State
Get PDFGurabunga Village, located in Tidore District, Tidore Islands City, has a long history as part of the Tidore Sultanate and is an area with customary law communities that still preserve their traditions. This study aims to examine the process of changing the status of Gurabunga Village to a Customary Village, as well as its implications for the recognition and legal protection for the Gurabunga customary law community. The method used is empirical legal research with a sociolegal approach, collecting data through interviews, observations, and studies of related legal documents. The results of the study show that the Gurabunga community has appropriate characteristics to be recognized as a customary law community based on Permendagri No. 52 of 2014, with customary wealth in the form of customary land that is managed communally and protected by local customary law. The process of changing this status involves community initiatives through village deliberations, fulfillment of administrative requirements, and local government approval. Meanwhile, the biggest challenge in the implementation of legal protection of customary rights is the lack of understanding from local governments regarding the importance of recognizing the rights of customary law communities. Therefore, this study suggests the importance of strengthening regulations and empowering customary law communities through more inclusive policies. The recommendation of this study is to accelerate the recognition of indigenous peoples in Indonesia, by providing space for communities to fight for their indigenous rights within a national legal framework that is responsive and adaptive to local social and cultural need
Phenomenon of Covert Prostitution Practices : Case Study of Spa Plus Therapist Practices in Bandung City
Get PDFThis study examines the practice of covert prostitution that is developing in Bandung City with a focus on male-only spas that provide sexual services. Although the government has made efforts to control it, including closing the Saritem localization, prostitution continues to exist in a more hidden and organized form. Using qualitative methods, data were collected through field observations and in-depth interviews with informants who have direct experience in this business. The results of the study show that spas are used as a cover for prostitution businesses, by utilizing spa business licenses from the tourism office. Therapists are recruited through agents, and spas are designed with comfortable facilities and strategic locations for easy access by customers, especially tourists. This phenomenon shows a shift in the pattern of prostitution from open to covert, with the main drivers being market demand and profit motives from business owners. This study recommends the need to review business license regulations and strengthen supervision of licensed entertainment venue
Harmonization of the Mudharabah Concept in Fiqh Muamalah with the Establishment Mechanism of Sharia Limited Liability Companies in Indonesia
Get PDFThis article examines the harmonization between the mudharabah contract concept in fiqh muamalah and the mechanism for establishing Sharia Limited Liability Companies (LLCs) in Indonesia. The mudharabah contract, which bases business partnerships on a profit-sharing principle between the capital owner (shahibul maal) and the business manager (mudharib), is characterized by trust, fairness, and transparency. Meanwhile, a Sharia LLC is a modern legal entity governed by national statutory regulations, with a formal and structured legal framework. Using a normative-juridical approach and comparative analysis, this article explores the intersections and potential conflicts between these two systems and formulates an integrative model that allows for the substantive application of Sharia values embedded in mudharabah within the legal framework of an LLC. The findings reveal that the fundamental principles of mudharabah can be adopted in the design of institutional structures, governance, and decision-making mechanisms within a Sharia LLC, without violating positive law. These findings underscore the importance of reconstructing Islamic legal thought to be responsive to the dynamics of modern law and promote the development of Sharia business models that are legally recognized and aligned with the maqashid shariah
Entertaining to Buy: Exploring the Role of Immersion in Live Streaming and Its Influence on Purchase Intention in Student Social Commerce
Get PDFTechnology development has brought about a lot of changes in the business world, especially when it comes to online transactions, which has made the internet market quite successful. The online market has changed by using social media as a platform for e-commerce. Live streaming was the first step toward the emergence of social commerce. Because consumers have a high level of purchasing interest, which is affected by entertainment elements, live streaming has become popular. Immersion is the mediating variable used in this study to examine the indirect impact of entertainment on purchase interest. The purpose of this study is to investigate how entertainment affects consumers\u27 inclination to buy, using social commerce live streaming as a mediating factor. A quantitative approach is used in this study, using a sample of 350 participants. A Likert scale that includes metrics for immersion, entertainment, and purchase interest is used to collect data. The study\u27s findings show that: 1) Entertainment has a positive and significant influence on purchasing interest in social commerce live streaming, 2) Entertainment has a positive and significant impact on immersion in social commerce live streaming, 3) Immersion has a positive and significant influence on purchasing interest in social commerce live streaming, 4) Entertainment has a positive and significant influence on purchasing interest through immersion as the mediating variable in social commerce live streaming. Therefore, the influence of entertainment on consumer purchasing interest can be achieved either through immersion as a mediating variable or directly, without necessitating immersion as an intermediary